CJEU

In the resolution of seven judges of 20 November 2015 (III CZP 17/15) the Supreme Court faced the question of the precise scope of erga omnes effect of in abstracto abusiveness of contract clauses. Under Art. 47943 of the Code of Civil Procedure the judgment that declares abusiveness of a clause is “effective towards third persons”, from the day of listing this clause in the public register administered by the President of the Office of Protection of Competition and Consumers. Although the provisions in question have been repelled from the Polish legal system in April 2016 (and replaced with in abstracto administrative review of clauses), the resolution in question still have a profound significance for framing the underlying premises of abusiveness control in the EU, as well as the interplay between consumer protection and fundamental rights sphere.

In the resolution of seven judges of 20 November 2015 (III CZP 17/15) the Supreme Court faced the question of the precise scope of erga omnes effect of in abstracto abusiveness of contract clauses. Under Art. 47943 of the Code of Civil Procedure the judgment declaring (abstract) abusiveness of a clause is “effective towards third persons”, from the day of listing this clause in the public register administered by the President of the Office of Protection of Competition and Consumers. Although the provisions in question have been repelled from the Polish legal system in April 2016 (and replaced with in abstracto administrative review of clauses), the resolution in question still have a profound significance for framing the underlying premises of abusiveness control in the EU, as well as the interplay between consumer protection and fundamental rights sphere.

Ph.D. candidate at the Faculty of Law, Jagiellonian University, and a legal counsel in Cracow Chamber of Legal Counsel. In 2010 he earned a degree in law from UMCS in Lublin and in 2011 he earned a licentiate in canon law from KUL in Lublin. In 2011 he also graduated from UMCS with a degree in computer science. He prepares a doctoral dissertation on copyrights protection for computer programs’ source code.

Mateusz Grochowski

Ph.D., assistant professor in the Institute of Legal Studies of the Polish Academy of Sciences and in the Institute of Justice, assistant in the Civil Chamber of the Supreme Court of the Republic of Poland, holder of scholarships of the Foundation for Polish Science and of the of National Science Centre, visiting scholar at the Università degli Studi di Trento. In his research focuses on regulatory problems of contract law.

Piotr Jantos

Ph.D. candidate at the Faculty of Law, Jagiellonian University, and a legal counsel. In 2010 he earned a degree in law from UMCS in Lublin and in 2011 he earned a licentiate in canon law from KUL in Lublin. In 2011 he also finished postgraduate studies in EU law at the Jagiellonian University. He prepares a dissertation on the exhaustion doctrine applied to computer software distribution in the European Union law.